Criminal Appeal Case Studies
Criminal Appeal Case Studies
On this page you can review real appeal case studies in which O’Brien Solicitors have acted. Our case studies confirm our position as highly capable and client-focused, specialist criminal defence lawyers in Sydney when it comes to appealing verdict / conviction or severity of sentencing.
Man tries to help police. They assault and arrest him. He makes a successful appeal
No conviction for client after successful appeal
NSW Court of Criminal Appeal rejects Crown Appeal
Conviction quashed in NSW Court of Criminal Appeal
Client convicted in absence, appeals conviction
Severity of sentence reduced after client convicted and sentenced with assault offences
Conviction quashed for entering enclosed lands
Sentence downgraded after successful appeal
Conviction and fine downgraded to non-conviction order
Sentence downgraded following successful appeal
Severity of client’s sentence reduced
Period of client’s licence disqualification reduced following appeal
Conviction for stealing quashed after successful appeal
Successful sentencing appeal after client convicted and fined
Client successfully appealed conviction for common assault
Re-trial ordered after client successfully appealed murder conviction
Original sentence quashed after appealing sentence on ground of severity
Successful sentencing appeal leads to quashing of conviction
Psychiatric and psychological materials taken into account during appeal hearing
Good character evidence results in original conviction quashed
Reduction in licence disqualification after successful appeal
A man offers to be a witness in a car accidnt in Woy Woy. Police assault and arrest him. They then charge him with Resisting police in execution of their duty. Gosford Local Court finds guilt. We successfully appealed to the Supreme Court against the finding. The finding of guilt for the offence of resisting police in execution of their duty was set aside.
JH, aged 16, smoked a cigarette on The Corso area in Manly when police arrested him. We successfully appealed for JH to the Supreme Court against a finding by Judge Johnstone, President of the Children’s Court. The Supreme Court set aside the finding of guilt for the offence of resisting police in execution of their duty. JH received the best possible outcome, receiving a good behaviour bond with no conviction.
CGK, was on parole when he committed two robbery offences. He was arrested and sentenced to a term of imprisonment for four years with a non-parole period of three years. The Crown appealed this judgment on the basis of manifest inadequacy. The firm represented CKG in NSW Court of Criminal Appeal.
RH was charged with causing grievous bodily harm. During the first trial, the prosecution relied on the evidence of two witnesses and the alleged victim. The defence argued an alternative hypothesis to explain how the victim got harmed. Despite the defence discrediting the complainant’s evidence the trial judge nevertheless convicted RH and sentenced her to 2 years imprisonment. We represented RH in her conviction appeal. Ultimately RH’s conviction was quashed and she was released.
LXY was arrested and charged with a number of offences. LXY was released on bail but failed to appear at her hearing and was convicted in her absence. The defence applied for an annulment of the conviction, submitting that LXY was not in the right state of mind when she received her release papers and was unaware of her court date. The magistrate refused the application and so the defence appealed the decision to the District Court. The appeal was successful and the matter was referred back to the Local Court for mention.
During an altercation with her partner, XB’s partner suffered a deep cut to his thigh. XB was charged with reckless wounding, assault occasioning actual bodily harm and stalking or intimidation with intent to cause fear of physical or mental harm. We assisted XB in her negotiations with the prosecutor who accepted a plea of guilty to the charge of assault occasioning actual bodily harm, and the other charges were dropped. She was sentenced to an Intensive Correction Order for 18 months duration. We helped XB successfully appeal the severity of her sentence. Instead she received a good behaviour bond.
Ryan* was charged with “aid and abet enter enclosed lands” and “aid and abet obstruct railway locomotive” after allegedly assisting a friend who was protesting the use of coal in Australia. In the Local Court Ryan, the charge for the “aid and abet enter enclosed lands” was withdrawn and dismissed. Ryan was found guilty of “aid and abet obstruct railway locomotive” and given a Conditional Release Order with a conviction, to be of good behaviour for 12 months. We successfully appealed this conviction and the sentence and conviction was quashed.
TXK was charged with stealing and receiving stolen goods. He was convicted of stealing in the Local Court. We helped TXK appeal the conviction to the District Court. The appeal was upheld and the conviction was quashed.
BDA pleaded guilty to negligent driving occasioning grievous bodily harm. He was convicted and sentenced to a 12 month good behaviour bond and disqualified from driving for 12 months. The defence appealed the decision on the basis of severity. We assisted BDA in submitting character references that made it clear that the license disqualification would impact on his employment. The appeal was successful and BDA’s sentence was downgraded.
UDJ was charged with possession of a prohibited drug and pleaded guilty to the charge. He was fined and a conviction was recorded. The defence helped UDJ appeal the sentence on the ground of severity. Based on our submissions to the court, UDJ’s sentence was downgraded to a non-conviction order.
WMK was charged with, and pleaded guilty to committing an act of indecency. He was sentenced to a 6 month suspended sentence but appealed the sentence on the ground of severity. The defence successfully argued that WMK was remorseful and was unlikely to repeat the offence in the future. His appeal was upheld and the sentence was downgraded.
MVK had his driver’s licence suspended for 18 months after being convicted of negligent driving occasioning grievous bodily harm. The defence helped MVK appeal the sentence on the ground of severity. The appeal judge took into consideration the defence’s submissions and reduced MVK’s licence disqualification.
YRW was convicted of common assault. The defence helped YRW bring an all-grounds appeal. The defence successfully exposed the inconsistencies of the prosecution’s evidence. Although the appeal against the conviction was dismissed, the severity of the original sentence was upheld.
TYK was convicted of stealing and sentenced to 12 months imprisonment. TYK appealed against the conviction. During the appeals hearing the defence established that the evidence was incapable of establishing that TYK possessed the stolen items. The appeal was upheld and the conviction was quashed.
JC was involved in an altercation with the victim. He was convicted of common assault and given a non-conviction order. He was also convicted of the charge of excluded person attempt to re-enter premises and fined $400. He appealed the latter sentence and was successful.
BB was arguing with his girlfriend outside a hospital when an ambulance officer AM tried to diffuse the situation. BB began swearing at AM and threw a cup of water at him. BB was convicted of common assault and sentenced to a 12 month good behaviour bond and a $500 fine. We assisted BB to successfully appeal his conviction.
LC was convicted of murder and sentenced to imprisonment for 18 years. LC appealed to the Court of Criminal Appeal against both his conviction and sentence. The defence successfully appealed the conviction where the court found that there had been a miscarriage of justice. A re-trial was ordered.
SH pleaded guilty to the charge of using or installing a recording device. He was sentenced to 2 years imprisonment to which he appealed. During his appeal hearing the defence submitted that he had good prospects of rehabilitation, and there was an absence of criminal history. The sentence was quashed and the District Court imposed a suspended sentence instead.
MB was convicted of negligent driving occasioning grievous bodily harm. She was fined $400 and her licence was disqualified for 12 months. She appealed the sentence on the ground of severity. The District Court upheld her appeal and no conviction was recorded.
DO was convicted of a series of larceny offences and was sentenced to 1 year imprisonment. She appealed the sentence on the ground of severity. During her appeal hearing, the judge took into account psychiatric and psychological materials. The judge agreed that it was necessary to assist in DO’s rehabilitation and sentenced her to a term of imprisonment which was backdated and enabled DO to be released on the day of her appeal.
C pleaded guilty to a high range PCA driving offence. The Local Court Magistrate ordered that his licence be suspended for 30 months. C appealed the sentence on the ground of severity. We represented C in his appeal hearing where we argued that the 30 month disqualification was too harsh and threatened his livelihood and working visa. The penalty was reduced to a 12 month disqualification.
How we Can Help
O’Brien Criminal and Civil Solicitors regularly prepare and present criminal appeals across all levels of criminal Courts. If you are not happy or have concerns that you didn’t get a fair go with a Court decision, our lawyers can help. They will advise you on whether you have good reasons for an appeal. If your case warrant it, we will professionally and successfully conduct that appeal for you.
O’Brien Criminal & Civil Solicitors is a full-service criminal defence law firm meaning that we provide legal advice on both criminal and civil law. After the completion of your criminal case, we can continue to represent you in your civil matter (if one exists). We have represented many clients in their criminal matters and then proceeded to assist them in making a civil claim against the police for unlawful arrest and false imprisonment, or suing a publisher for defamation.
Your first consultation with one of our criminal lawyers is free. This is your opportunity to speak to us about your case and for us to discuss with you what your options are. If you choose to proceed with our services we will provide you with a cost agreement that sets out your legal fees. O’Brien Criminal and Civil Solicitors provides cost-effective and professional legal advice compared with other law firms. In some instances, we offer reduced fees or pro bono services at the discretion of our Principal. We can also assist you in applying for Legal Aid if you are eligible. Speak to us if you have concerns regarding your ability to pay your legal fees and we can discuss the possibility of accommodating your circumstances.
Our criminal lawyers have handled cases in courts across NSW at Local Courts, District Courts and the NSW Court of Criminal Appeal. They have a wealth of experience in assisting clients with bail applications, trials, sentencing hearings and appeals to name a few.
Our team includes Accredited Specialists in Criminal Law.
Specialist Accreditation is a structured peer to peer assessment process enabling legal practitioners to be recognised for their expertise. To be accredited specialists must pass a series of meticulous assessments on both legal knowledge and its application in practice. To retain their accreditation specialists must undertake significant additional professional development in their area of expertise each year.
O’Brien Criminal and Civil Solicitors utilises a trauma-informed lawyering approach when interacting with our clients. We understand that you have dealt with traumatic events and that engaging with authorities and courts is a stressful experience that might re-traumatise you. For this reason we are sensitive to your mental and emotional needs and will assist you in an appropriate manner. Read more about our thoughts on trauma-informed lawyering.